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Single Idea 21037

[filed under theme 24. Political Theory / B. Nature of a State / 3. Constitutions ]

Full Idea

The fact that a constitution is ratified by the people does not prove that its provisions are just.

Gist of Idea

A ratified constitution may not be a just constitution

Source

Michael J. Sandel (Justice: What's the right thing to do? [2009], 06)

Book Ref

Sandel,Michael J.: 'Justice: what's the right thing to do?' [Penguin 2010], p.143

A Reaction

Yes indeed. And the fact that a majority won a referendum does not make their decision wise. Hence all constitutions must be open to evaluation. Gun laws in the US are the obvious example.

The 21 ideas with the same theme [formal statement of a society's structure and rights]:

21046 The aim of legislators, and of a good constitution, is to create good citizens [Aristotle]
22546 A city is a community of free people, and the constitution should aim at the common advantage [Aristotle]
2821 The six constitutions are monarchy/tyranny, aristocracy/oligarchy, and polity/democracy [Aristotle]
22558 Constitutions specify distribution of offices, the authorities, and the community's aim [Aristotle]
22566 The greed of the rich is more destructive than the greed of the people [Aristotle]
2835 Any constitution can be made to last for a day or two [Aristotle]
2973 We must decide the most desirable human life before designing a constitution [Aristotle]
22580 The best constitution enables everyone to live the best life [Aristotle]
5852 The four constitutions are democracy (freedom), oligarchy (wealth), aristocracy (custom), tyranny (security) [Aristotle]
1781 Stoics favour a mixture of democracy, monarchy and aristocracy [Stoic school, by Diog. Laertius]
6309 The principle foundations of all states are good laws and good armies [Machiavelli]
21091 It would be absurd if even a free constitution did not impose restraints, for the public good [Hume]
23261 A people, not government, creates a constitution, which is essential for legitimacy [Paine]
21077 Each nation should, from self-interest, join an international security constitution [Kant]
21078 A constitution must always be improved when necessary [Kant]
19861 There is only a constitution if rights are assured, and separation of powers defined [Mirabeau/committee]
22796 A constitution embodies a nation's rights and condition [Hegel]
22675 In American judges rule according to the Constitution, not the law [Tocqueville]
18294 The state coldly claims that it is the people, but that is a lie [Nietzsche]
21034 A just constitution harmonises the different freedoms [Sandel]
21037 A ratified constitution may not be a just constitution [Sandel]